HomeMy WebLinkAbout2016-07-26; City Council; 22368; Adoption of Ordinance No. CS-302 approving amendments to Zoning Map LCPA 07-02/ZC 15-02 pursuant to the California Coastal Commissions suggested modifications to LCPA 07-CITY OF CARLSBAD-AGENDA BILL
AB# 22,368 ADOPTION OF ORDINANCE NO. CS-302 DEPT. DIRECTOR JjQC _;
APPROVING AMENDMENTS TO THE ZONING MAP
MTG. 7/26/16 (LCPA 07-02/ZC 15-02} PURSANT TO THE CITY ATTORNEY +fS
DEPT. CALIFORNIA COASTAL COMMISSION'S SUGGESTED CITY MANAGER \te--Clerk MODIFICATIONS TO LCPA 07-02
RECOMMENDED ACTION:
Adopt Ordinance No. CS-302, approving amendments to the zoning map (LCPA 07-02/ZC 15-02)
pursuant to the California Coastal Commission's suggested modifications to Local Coastal Program
Amendment 07-02.
ITEM EXPLANATION:
Ordinance No. CS-302 was introduced and first read at the City Council meeting held on July 12,
2016. The second reading allows the City Council to adopt the ordinance which will become
effective thirty days after adoption. The City Clerk will have the ordinance or a summary of the
ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill #22,349 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Acceptance and approval of the Coastal Commission's suggested modifications are exempt from
the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15265(a)(l),
which states: (a) CEQA does not apply to activities and approvals pursuant to the California Coastal
Act (commencing with Section 30000 ofthe Public Resources Code) by: (1) Any local government,
as defined in Section 30109 of the Public Resources Code, necessary for the preparation and
adoption of a local coastal program. The Coastal Commission's suggested modifications are
required to be accepted by the city prior to Coastal Commission certification ofthe city's amended
local coastal program.
EXHIBIT:
1. Ordinance No. CS-302.
DEPARTMENT CONTACT: Sheila Cobian 760-434-2808 Sheila.Cobian@carlsbadca.gov
FOR CITY CLERKS USE ONLY ~ COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D
Item #20 - AB #22,368 July 26, 2016 Page 1 of 7
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ORDINANCE NO. CS-302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE
ZONING MAP (LCPA 07-02/ZC 15-02) PURSUANT TO THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO LOCAL COASTAL PROGRAM
AMENDMENT (LCPA 07-02).
CASE NAME: GENERAL PLAN UPDATE
CASE NO.: LCPA 07-02/ZC 15-02
EXHIBIT I
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, on September 22, 2015, the City Council approved a
comprehensive General Plan update, including associated amendments to the Local
Coastal Program and zoning map (LCPA 07-02/ZC 15-02); and
WHEREAS, the California Coastal Act requires Coastal Commission
certification of any local coastal program amendment; and
WHEREAS, on November 9, 2015, the city submitted an application to the
Coastal Commission requesting to amend the Carlsbad Local Coastal Program pursuant to
LCPA 07-02; and
WHEREAS, on April27, 2016, the city requested that the Coastal Commission
defer its decision on three components of the city's Local Coastal Program amendment
application, described as follows:
Deferred Proposed LCP Amendment Reason to Defer Coastal Commission
Item Decision
Change LCP land use from: At the request of Coastal Commission
RLM (0-4 du/ac)/L (Local Shopping Center) staff, additional time is needed to
to R-15 (8-15 du/ac)/GC (General adequately evaluate LCP agriculture
Commercial) and policies that may relate to this
Marja Acres Change LCP zoning from: property. This land use and zone
RA-10,000 (Residential Agriculture)/C-2 change will continue to be processed
(General Commercial) to RD-M and brought to the Coastal
(Residential Density Multiple)/C-2 Commission for decision as a separate
(General Commercial) item.
Zoning in To ensure consistency with proposed land There is no certified LCP
Deferred use designations, change the zoning on implementation plan for these
Item #20 - AB #22,368 July 26, 2016 Page 2 of 7
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LCP
Certification
Areas
Residential
in C-T Zone
various properties within the Agua
Hedionda LCP segment and 10 parcels
within the Mello II segment.
Add residential as a permitted use within
the C-T (Commercial Tourist) Zone,
provided the residential use is located
above the ground floor and the residential
use is secondary/accessory to the primary
visitor-serving commercial use.
properties; therefore, as determined
by Coastal Commission staff, LCP
zoning does not technically exist and
cannot be changed. The proposed
LCP zoning will be incorporated as
part of the city's comprehensive LCP
update (currently in process), which
will include an implementation plan
for these properties.
At the request of Coastal Commission
staff, additional time is needed to
evaluate the proposal. This proposal
will be incorporated with the city's
comprehensive LCP update.
WHEREAS, on May 11, 2016, the California Coastal Commission approved
the city's Local Coastal Program Amendment (LCPA 07-02); and on May 16, 2016, the city
received a letter dated May 13, 2016 from the California Coastal Commission (Attachment
1A of City Council Resolution No. 2016-150) that certifies (resolution of certification) the
Coastal Commission's approval of the city's Local Coastal Program amendment (LCPA 07-
02), subject to nine suggested modifications; and
WHEREAS, acceptance of the California Coastal Commission's suggested
modifications are necessary to comply with the California Coastal Act and California
Administrative Code; and
WHEREAS, the City Council did on the 12th day of July, 2016, hold a duly
noticed public hearing as prescribed by law to consider said request.
NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows:
SECTION 1: That Section 21.05.030 of the Carlsbad Municipal Code, being
the Zoning Map and the Local Coastal Program Zoning Map are amended as shown on
Attachment 2A updated May 2016, attached hereto.
-2-Item #20 - AB #22,368 July 26, 2016 Page 3 of 7
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be published
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective within
the Coastal Zone until the Executive Director of the California Coastal Commission certifies that
implementation of LCPA 07-02 will be consistent with the Coastal Commission's suggested
modifications for LCPA 07-02.}
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-3-Item #20 - AB #22,368 July 26, 2016 Page 4 of 7
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2 INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on the
3 12th day of July, 2016, and thereafter.
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28 -4-Item #20 - AB #22,368 July 26, 2016 Page 5 of 7
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2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
3 Carlsbad on the 26th day of __ J_u_l....:.y __ , 2016, by the following vote, to wit:
4 AYES: Hall, Wood, Schumacher, Blackburn, Packard.
5 NOES: None.
6 ABSENT: None.
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APPROVED AS TO FORM AND LEGALITY:
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CELIA A. BREWER, City ttorney M~
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\
The Location of this
Open Space boundary
shall be refined during
the process to update
· the Carlsbad Local
Coastal Program
(LCPA 15-07). The
boundary may be
· adjusted to more
accurately reflect
beach and bluff areas
that are undevelopable
pursuant to California
Coastal Act and city policies.
Pacific
Ocean
Zoning:
-E-A, Exclusive Agriculture
'·--~-. R-A, Residential Agriculture
.. R-E, Rural Residential Estate
~ R-1, One Family Residential
R-2,..Iwo Eamily ResklenJial
R-3, Multi Family Residential
RD-M, Residential Density -Multiple
RD-M/C-L, Res Density -Multiple/Local Shop. Center
-RMHP, Residential Mobile Home Park -1·· --~ ---~
R-T, Residential Tourist
R-W, Residential Waterway
· R-P-Q, Residential Professional
0, Office
C-L, Local Shopping Center
C-1 or C-2, General Neighborhood Commercial
C-T, Commercial Tourist
RD-M/C-T, Comm Tourist/Res Density -Multiple
C-M, Heavy Commercial
M, Industrial
P-M, Planned Industrial
P-M/0, Planned Industrial/Office
.. . P-U, Public Utility
-V-R, Village Review
P-C, Planned Community
L-C , Limited Control
-OS, Open Space
-T-C, Transportation Corridor
ATTACHMENT 2A C cityof
Carlsbad
Zoning Map:
I i
t·-. .i
,• ~ .i.~· I ~(t"o
: t'I~, f =:i
i p.c
i i iii~\(;N.,
, ... ._ .... ....:...J-.............. ..
V>::(j Deferred Certification Area•
~ Beach Overlay Zone
[3 Commercial Visitor Serving_ Overlay Zone
........ Coastal Zone••
Highway
Major Street
o cc::, :a Planned Street
-l--i Railroad
1/.+UJ Lagoon
Right of Way
[:] City Limits
lAP16
~~Hlu~11
p.c l"~ \
t 1l1 .... \ .. '• ic
1-o·t m
• Within the deferred certification areas, the zoning classifications shown on this map are not
certified by the California Coastal Commission. Until a Local Coastal Program implementation
plan is certified by the California Coastal Commission for these areas, the California Coastal
Commission retains authority to issue coastal development permits for development on these
properties. The California Coastal Commission will utilize the city's zoning, as shown on this map,
as a guide when evaluating proposed coastal development permits within these area s.
•• The area depicted within the Coastal Zone constitutes the Carlsbad Local Coastal Program
Zoning Map.
Updated May 2016
ft •••-===:::iFeet
• , 0 3,000
J:\cbgis\productslplanning\StandardMap\LC P Zoning11 x 17 _ne w.m xd
Item #20 - AB #22,368 July 26, 2016 Page 7 of 7